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: Defense Newsletter Blog

Muho: Upholding Fraud Convictions and USSG 2B1.1(b)(17)(A) Enhancement

By Tim Cone

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In United States v. Muho, No. 18-11248 (Oct. 22, 2020) (Watkins (M.D. Ala.), Martin, Newsom), the Court affirmed the defendant?s fraud convictions and sentence. First, the district court did not err in failing to sua sponte reinstate counsel for the defendant after he validly invoked his right to self-representation. Second, the district court did not abuse its discretion by denying a Rule 17(b) motion to subpoena two witnesses. Although the district court did not explain its denial, the Court affirmed because the defendant failed to articulate specific facts to show the relevancy and necessary of the witness? testimony. In any event, the error was harmless due to the weight of the evidence and the defendant was able to present the defense that would have been supported by the two witnesses...continue to full post

Full post as published by Defense Newsletter Blog on October 22, 2020 (boomark / email).